Arizona sanctions law to go to U.S. Supreme Court

Justices to review Ariz. law tied to hiring of illegal immigrants

by Craig Harris - Jun. 29, 2010 12:00 AMThe Arizona Republic

The U.S. Supreme Court later this year will hear arguments on the constitutionality of Arizona's landmark 2007 law that penalizes employers for hiring illegal immigrants. A decision is expected next year.

The high court's ruling, expected in late spring 2011, also could provide legal guidance on SB 1070, a new Arizona law making it a state crime to be in the country illegally, those involved in the employer-sanctions case say.

The court, following a request from the U.S. solicitor general, announced Monday that it will hear challenges to the Legal Arizona Workers Act, which went into effect Jan. 1, 2008.

The law punishes companies by suspending or revoking their business licenses for knowingly hiring illegal immigrants. It also requires Arizona employers to use a federal electronic system to verify if an employee is authorized to work.

The law was challenged by a coalition of 11 U.S. and Arizona business groups, which contend that it is the federal government's role to regulate the hiring of immigrants. They argue that permitting states to impose their own penalties against violators encourages a crazy quilt of differing laws that have penalties more severe than those in federal statute and are less likely to be balanced against discrimination concerns.

Supporters say the law has mostly been a deterrent, as only two businesses have faced sanctions.

Maricopa County Sheriff Joe Arpaio has used the law to conduct 36 investigations to crack down on illegal immigrants. His workforce raids have resulted in 415 suspects being arrested, with 277 arrested on charges of identity theft.

"Everyone tends to forget the victims who get their identities stolen and the devastation that it has on the victims," said Chief Deputy David Hendershott of the Sheriff's Office. "Has it been effective? Look at what has happened. There has been widespread self-policing by major corporations and businesses."

A U.S. District Court and the San Francisco-based 9th U.S. Circuit Court of Appeals had upheld the constitutionality of Arizona's employer-sanctions law.

The Arizona Attorney General's Office, which did not return calls Monday, defeated challenges by citing a 1986 federal law that gave states permission to impose sanctions through licensing and similar laws.

Arizona has allocated nearly $5.6 million to the state's 15 county attorneys during the past three years to enforce the law. Maricopa County received the most: nearly $3.6 million.

This past fiscal year, the state gave money only to Maricopa County after The Republic reported at least $1.44 million was sitting idle in nine counties because there were so few complaints about employers violating the law. For the new fiscal year, which begins Thursday, the county is projected to receive $1.21 million, bringing the state's spending total to nearly $6.8 million.

The law has been mirrored in other states and communities across the country. Both sides of the lawsuit agree the Supreme Court's ruling will give states some guidance on an important aspect in the illegal-immigration debate.

"This will give clarity as to the appropriate role of states in regulating at least one aspect of immigration," said Glenn Hamer, chief executive of the Arizona Chamber of Commerce and Industry, one of the suit's plaintiffs.

Hendershott said the high court will let everyone know what to do.

But Paul Bender, an Arizona State University law professor and constitutional-law expert, said the Supreme Court's ruling on the employer-sanctions case could be narrow, not providing much direction on SB 1070. Bender added that because the employer-sanctions ruling won't come for about a year, lower courts may have no guidance, as rulings on the new law could occur during that time.

The new law states that an officer engaged in a lawful stop, detention or arrest shall, when practicable, ask about a person's legal status when reasonable suspicion exists that the person is in the U.S. illegally.

The federal government is expected to file a lawsuit soon challenging the SB 1070, which goes into effect July 29.

Reach the reporter at craig .harris@arizonarepublic .com or 602-444-8478.